Loading...
HomeMy WebLinkAboutMINUTES - 12132005 - C7 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 13, 2005 SUBJECT: Accepting completion of improvements and declaring acceptance of maintenance for the Dougherty Road Bridge Replacement and road improvements,RA 04-01157,(cross-reference Subdivision 99- 08306), San Ramon(Dougherty Valley) area. (District III) REC MMENDATION S ADOPT Resolution No. 2005 for RA 04-01157, 08306 cross-reference Subdivision 99- ( )� accepting completion of improvements and declaring acceptance of maintenance for the Dougherty Road Bridge Replacement and road improvements, for project being developed by Shapell Industries of Northern California, a division of Shapell Industries, Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Shapell Industries of Northern California, a division of Shapell Industries, Inc., a Delaware Corp., has completed the road improvements per the Road Improvement Agreement,and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the warranty period will not begin. z Continued on Attachment:, SIGNATURE: . . , COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE L,- PROVE OTHER SIGNATURES ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPER ORS UNANIMOUS(ABSENT 1QG ) AYES: NOES: ABSENT: ABSTAIN: TR:LL:rm:sr I hereby certify that this is a true and correct G:\GrpData\EngSvc\BO\2005\12-13\SD 99-08306 BO-45 DV.doc Originator: Public Works(ES) copy of an action taken and entered on the Contact:Teri Fie(313-2363) I.D.95-2578030 minutes of the Board of Supervisors on the cc: Public Works -T.Bell,Construction Div. date shown. -M.Valdez,M&T Lab -I.Bergeron,Mapping Div. -C.Mohammed,Engineering Svc. -T.—October 13,2006 Sheriff-Patrol Div.Commander ATTESTED: loe3l �j CHP,c/o AI CSAA-Cartog JOHN SWEETEN, Cler of the Board of Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Supervisors and County Administrator Shapell Industries of Northern California Attn:S.Worden,S.Savage 100 N.Milpitas Blvd.,Milpitas,CA 95035 �- National Fire Insurance Co.of Hartford Attn:Gina O'Shea By , Deputy 5820 Canoga Ave.,Ste 200,Woodland Hills,CA 91367 Recorded at the request of: CONTRA COSTA Co Recorder Office Contra Costa CountySTERNEN Le WEIR, Clerk=Recorder Board of Supervisors DOC� 2005� 48 18 1 0" 00 Return to: , DEC 15, 2005 11:04:36 Public Works Department Thursday Engineering Services Division FRE $0.00 Nb�r-00�13043916 Tt I Pd $0 1 001 r c/R9/I-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 13, 20055 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005i SUBJECT*, Accepting completion of improvements and declaring acceptance of maintenance for the Dougherty Road Bridge Replacement and road improvements, RA 04-01157, (cross-reference Subdivision 99-08306), San Ramon (Dougherty Valley) area. (District 111) The Public Works Director has notified this Board that the improvements for RA 04-01157 (cross-reference Subdivision 99-08306)have been completed as provided in the Road Improvement Agreement with Shapell Industries of Northern California, a division of Shapell Industries, Inc., a Delaware Corp.,heretofore approved by this Board; TR:LL:rrn:sr G:\GrpData\EngSvc\BO\2005\12-13\SD 99-08306 BO-45 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.95-2578030 Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -I.Bergeron,Mapping Div. ATTESTED: -C.Mohammed,Engineering Svc. -T.-October 13,2006 JOHN SWEETEN, Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander County Administrator CHP.,c/o Al CSAA-Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Deputy Shapell Industries of Northern California Attn:S.Worden,S.Savage 100 N.Milpitas Blvd.,Milpitas,CA 95035 National Fire Insurance Co.of Hartford Attn:Gina O'Shea 5820 Canoga Ave.,Ste 200,Woodland Hills,CA 91367 RESOLUTION NO.2005/ SUBJECT: Accepting completion of improvements and declaring acceptance of maintenance for the Dougherty Road Bridge Replacement and road improvements, RA 04-01157, (cross-reference Subdivision 99-08306), San Ramon (Dougherty Valley) area. (District III) DATE: December 13, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 13,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT NAME OF SURETY October 5, 2004 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for$418,150.00, Bond No. 929299753 issued by the above surety be RETAINED for the six month lien guarantee period until June 13, 2006, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Dougherty Road Bridge Replacement and the road improvements, have been COMPLETED and DECLARED ACCEPTED FOR MAINTENANCE. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$8,400.00 cash deposit(Auditor's Deposit Permit No. 428265,dated July 19, 2004)made by Shapell Industries of Northern California, a division of Shapell Industries, Inc., a Delaware Corp., and the performance/maintenance surety bond rider for$124,185.00, Bond No. 929299753 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. ��&<tq-�� RA-1157-Bridge, Gale Ranch III CMA SURETY INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number 929 299 753 issued by the National Fire Insurance Company of Hartford as Surety, on behalf of -Shapell Industries of Northern California,a Division of Sha ell Industries,Inc.,a Delaware Corp. of Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of Martinez, CA hereinafter referred to as the Obligee, effective the 13th day of July 2004 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 7th day of -- S.eptember 0 2005 .,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby **DECREASED** from the sum of Eight Hundred Twenty Seven Thousand Nine Hundred No/1 00** Dollars($ 8271900.00**_),to the sum of One Hundred Twenty Four Thousand One Hundred Eight Five No/100**Dollars($ 124,185.00** IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Eight Hundred Twenty Seven Thousand Nine Hundred No/100** Dollars{$ 827.900.00** or for any loss occurring subsequent to said date shall not exceed the sum of One Hundred Twenty Four Thousand One Hundred Eight Five No/100** Dollars ($ 124,185.00** In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 7th day of September. 2005 Accepted 13.,,-, Shapell Industries of Northern California, a Division County of Con N Co§ja � of Shapell Industries, Inc., a Delaware Corp. f. (Principal) By 'die By (Seal) N N S LUEDEMAINN ASST. SEC. BY (Seal) RQ)IIERT 'Do MOORE, 'ASST. V.P. National Fire Insurance Company of Hartford Form F4763 By (Seal) Gina O'Shea Attorney-in-Fact JL W TV A.0 JL%v1' ZIL JL A%-P ANI,4 Td a l6tr r V11,41 juN"11,4 viL vtij t)aj[.j A 1 it UKIN E X-EN-JV AC I' Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,sea]and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them-thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 21st day of March,2005. GAS tKSUR Continental Casualty Company National Fire Insurance Company of Hartford OORPORArf 0 Gat American Casualty Company of Reading,Pennsylvania )ULY 31. ,, 0 Lqu L) SEAL 1897 NARK Michael Gengler 7 Sen' r Vice.President State of Illinois,County of Cook,ss: On this 21 st day of March,2005,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. O NF ICLAL SEA L weolr (PAOC;VLZA PRICE:,r&Z rustic,WAIM CW"MaL00RW VVW4~?M My Commission Expires September 17,2005 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 7th day of SgpteMber 2QQ - A"s Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania s. MY 31, SEAL 107 Mary A.R�ikafvjkis Assistant Secretary Form F6853-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act inbehalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the sea]of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'h day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company," ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. N "Article V1--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney 4wmade and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`h day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation, Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California County of Los Angeles September 7 200. before me. Sandy Hanner-Notary Public w On ______� oats NAME. TITLE OF OFFICER.. "JANE DOE. NOTARY PUBLIC personalty appeared Gina O'Shea NAME(S)of SIGNER($) X.) personally known to me — OR -- proved to me on the basis of satisfactory evidence to be the person(x) whose narne(st) islase subscribed to the within instrument and acknowledged to me that tae/she/% ( executed the same in)boos/her/ir authorized capacity), and that by Wa/her/twk signature(s) on the instrument the pelrson(g), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand and tial seal. SANDY ANNER rr.r � `Com'IYIISSIOn#1362167 Notary Public-California SIGNATURE OF NOTARY Los Angeles County '•' My Comm.Expires Jul 2,2006 OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this forms. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL 4._._.) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (.._...) PARTNER(S) (....._� LIMITED GENERAL NUMBER OF PAGES ATTORNEYwIN-FACT (._......� TRUSTEE(S) GUARDIAN/CONSERVATOR (..,._..� OTHER HATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Ha=rd SIGNER(S) OTHER THAN NAMED ABOVE G-107426-13 >>\•\"/\:'\-\/\.''c/'v/\.^v /\/\.•'�'\.^✓\/\/\/1/�/�'\/'\/\.'1//\.'\/!\/\.�/'•./�/�/\;','\./\/•\.^✓\/\/.''v"\./•\/'v;'\/,�`./`,.^`✓\/`.."\,/^•✓\,'\/'•.;'✓\/\/"\i\;^✓•v':\.''v''./\✓\/'v'\/'\/'v'\/\/'\//`./\"•t'✓\/'✓\/\.'�/'\/\/\/\/\.W\/'\/\/\./\/\/\/'✓•`✓\/\/jl Z, )i I )i CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 1 State of California County of Santa Clara On September 8,2005, before me, Janice T. Kruse,Notary Public personally appeared, Robert D. Moore&John Luedemann personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. JANIC:E 1'.KRUSE ' I ..,�... missi©n# j 597428 WITNESS my hand and official seal. Com ` ffi f do Notary Public-California ..` S Santa Clara County My Comm.Expires Aug 24,200 ' �•� Sign ture of Notary Public Optional Information � �f Title or Type of Document: Decrease Rider-RA-1157-Bridge, Gale Ranch III Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shauell Industries,Inc.. l \ iI �l l h J' v '•✓`. vim\ . '✓\./ .'\ ✓". ., %.. ^.% NOTICE In accordance with the Terrorism Risk Insurance Act of 20023 we are provicling this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectivdly the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Compa'ny. DISGLQSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00),, DISCLOSURE OF FEDERAL PARTICIPATION IN ENT OF TERRORISM LOSSES The United States wild. pay.av ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310